Charlene Feliciano v. Danilo Rico, Jr. et al. (2014)

RULING ON PLAINTIFF'S NOVEMBER 20, 2013 MOTION TO SET ASIDE THE VERDICT AS TO DANILO RICO, SR. (NOS.191, 192) AND OBJECTION (NOS.195, 196)

A “verdict will be set aside and judgment directed only if [the court finds] that the jury could not reasonably and legally have reached their conclusion.”  (Internal quotation marks omitted.)  Ham v. Greene, 248 Conn. 508, 519, 729 A.2d 740, cert. denied, 528 U.S. 929, 120 S.Ct 326, 145 L.Ed.2d 254 (1999).  “In making this determination, [t]he evidence must be given the most favorable construction in support of the verdict of which it is reasonably capable.”  (Internal quotation marks omitted.)  Gaudio v. Griffin Health Services Corp., 249 Conn. 523, 534, 733 A.2d 197 (1999).

In applying this law to the evidence presented at trial, the court finds that the jury could have reasonably concluded that the defendant sustained his burden to rebut the presumption that his son had the general authority to operate his motor vehicle at the time of the accident.   See General Statutes § 52–182.   Accordingly, the motion to set aside the verdict is denied.

SO ORDERED.

BY THE COURT

PETER EMMETT WIESE, JUDGE

Wiese, Peter E., J.